SENATE BILL NO. 1434

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Bill Status



S1434......................................................by STATE AFFAIRS
ADMINISTRATIVE RULES - Amends existing law to provide that the office of
the Administrative Rules Coordinator shall have the authority to make
clerical revisions or to correct manifest typographical or grammatical
errors to both proposed and existing rules under certain circumstances; and
to allow the Rules Coordinator to make technical corrections and then
submit proposed rules and accompanying notice to the director of
Legislative Services for review.

02/19    Senate intro - 1st rdg - to printing
02/20    Rpt prt - to St Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Davis
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/07    House intro - 1st rdg - to St Aff
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Crane, Kren, Lake
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/13    To enrol - Rpt enrol - Pres signed
03/14    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 183
         Effective: 03/18/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1434

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO ADMINISTRATIVE RULES; AMENDING SECTION  67-5202,  IDAHO  CODE,  TO
  3        PROVIDE THAT THE OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR SHALL HAVE
  4        THE AUTHORITY TO MAKE CLERICAL REVISIONS OR TO CORRECT MANIFEST TYPOGRAPH-
  5        ICAL  OR GRAMMATICAL ERRORS TO BOTH PROPOSED AND EXISTING RULES UNDER CER-
  6        TAIN CIRCUMSTANCES AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING  SECTION
  7        67-5223,  IDAHO  CODE,  TO  ALLOW THE  RULES COORDINATOR TO MAKE TECHNICAL
  8        CORRECTIONS AND THEN SUBMIT PROPOSED RULES AND ACCOMPANYING NOTICE TO  THE
  9        DIRECTOR OF LEGISLATIVE SERVICES FOR REVIEW; AND DECLARING AN EMERGENCY.

 10    Be It Enacted by the Legislature of the State of Idaho:

 11        SECTION  1.  That  Section 67-5202, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        67-5202.  OFFICE OF ADMINISTRATIVE RULES COORDINATOR. (1)  There is hereby
 14    established the office of administrative rules coordinator in  the  department
 15    of administration. The coordinator shall be a nonclassified employee and shall
 16    be appointed by and serve at the pleasure of the director of the department of
 17    administration.  All  other  employees  of  the office of administrative rules
 18    employed on July 1, 1996, shall be classified employees, but upon their termi-
 19    nation their positions and any positions vacant upon July 1,  1996,  shall  be
 20    nonclassified  positions  and  any  persons  employed to fill positions in the
 21    office of administrative rules thereafter shall be exempt from the  provisions
 22    of chapter 53, title 67, Idaho Code.
 23        (2)  The  coordinator  shall have the authority to make clerical revisions
 24    or to correct manifest typographical or grammatical errors  to  both  proposed
 25    and  existing  rules  that  do  not alter the sense, meaning or effect of such
 26    rules.
 27        (3)  The coordinator shall receive all notices and rules required in  this
 28    chapter  to be published in the bulletin or the administrative code. The coor-
 29    dinator shall prescribe a uniform style,  form,  and  numbering  system  which
 30    shall apply to all rules adopted by all agencies. The coordinator shall review
 31    all submitted rules for style, form, and numbering, and may return a rule that
 32    is not in proper style, form, or number.

 33        SECTION  2.  That  Section 67-5223, Idaho Code, be, and the same is hereby
 34    amended to read as follows:

 35        67-5223.  INTERIM LEGISLATIVE REVIEW -- STATEMENT OF ECONOMIC IMPACT.  (1)
 36    At  the  same  time that After notice of proposed rulemaking is filed with the
 37    coordinator, the agency coordinator, after  making  technical  corrections  as
 38    authorized  in  section  67-5202,  Idaho  Code, shall provide the same notice,
 39    accompanied by the full text of the rule under  consideration  in  legislative
 40    format, as well as a statement of the substance of the intended action, to the
 41    director  of  legislative services. If the proposed rulemaking is based upon a

                                       2

  1    requirement of federal law or regulation, a copy of  that specific federal law
  2    or regulation shall accompany the submission to the  director  of  legislative
  3    services.  The  director  of  legislative services shall analyze and refer the
  4    material under consideration to the germane joint subcommittee created in sec-
  5    tion 67-454, Idaho Code.
  6        (2)  An agency shall prepare and deliver to the germane joint subcommittee
  7    a statement of economic impact with respect to a proposed rule if the  germane
  8    joint  subcommittee  files a written request with the agency for such a state-
  9    ment. The statement shall contain an evaluation of the costs and  benefits  of
 10    the  rule,  including  any  health, safety, or welfare costs and benefits. The
 11    adequacy of the contents of the statement of economic impact is not subject to
 12    judicial review.

 13        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17850

This proposed legislation simply allows the State Administrative
Rules Coordinator to make clerical revisions, and correct
typographical or grammatical errors to proposed rules prior to
sending a copy to the Legislative Services Office.
Currently, the Administrative Rules Office and the Legislative
Services Office receive these original rules proposals from state
agencies simultaneously.  LSO analysts then review these rules and
send them out to Legislators.  Often times the Administrative Rules
Coordinator will make corrections to these proposals prior to their
being published in the Administrative Bulletin, resulting in
slightly differing versions being out there for review by
Legislators, which in turn can create some confusion in the review
process.
This small change will result in one "cleaned up" version of
proposed rules going out to Legislators and being published in the
Administrative Rules Bulletin.  Legislator's looking at the rules
review analysis from the Legislative Services Office will have an
up to date work product, consistent with the language published in
the Administrative Bulletin.


                           FISCAL NOTE

No fiscal impact other than perhaps saving some costs for the
Legislative Services Office in mailing and handling.





Contact
Name: Robert L. Geddes, President Pro tem
      Lawerence Denney, Speaker of the House
      Bart Davis, Senate Majority Leader
      Clint Stennett, Senate Minority Leader
      Mike Moyle, House Majority Leader
      Wendy Jaquet, House Minority Leader

Phone: (208)334-2475  


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1434